39Payment reduced for false or misleading statement

#### 39 Payment reduced for false or misleading statement (1) If: (a) a person made a statement for the purposes of this Act, the Skilling Australia’s Workforce Agreement or a bilateral agreement about a payment of financial assistance; and (b) the statement was made to: (i) the Minister; or (ii) the Secretary; or (iii) an APS employee in the Department; and (c) the statement was false or misleading in a material particular; and (d) relying on the statement, a payment has been made under this Act to a State or to another person of an amount that, in the Minister’s opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular; the Minister may make a determination reducing by the amount of the excess any amount payable under this Act to the State or to the other person. (2) A determination under this section may take effect from a day before the day on which the determination was made. (3) A determination made under subsection (1) is not a legislative instrument.